Assembly Bill A908A

2013-2014 Legislative Session

Relates to continuing education for licensed persons and qualifications for independent adjusters

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Archive: Last Bill Status - On Floor Calendar


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

multi-Sponsors

2013-A908 - Details

See Senate Version of this Bill:
S5183
Law Section:
Insurance Law
Laws Affected:
Add §2616, amd §§2108, 2110 & 2132, Ins L
Versions Introduced in Other Legislative Sessions:
2009-2010: A7088
2011-2012: A3729, S7802
2015-2016: A3212, S7814
2017-2018: A5460, S1506
2019-2020: A4058, S4454
2021-2022: S1291
2023-2024: S9862

2013-A908 - Summary

Relates to claims for loss or damage to real property; creates continuing education requirements for licensed persons and qualifications for public and independent adjusters; allows for a revocation of licenses with an opportunity to reapply for such licenses.

2013-A908 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   908

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  M.  of  A.  WEPRIN  --  Multi-Sponsored  by  -- M. of A.
  BROOK-KRASNY, COOK, ORTIZ, PERRY, WEISENBERG -- read once and referred
  to the Committee on Insurance

AN ACT to amend the insurance law, in relation to  claims  for  loss  or
  damage to real property, continuing education for licensed persons and
  qualifications for independent adjusters

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The insurance law is amended by adding a new  section  2616
to read as follows:
  S 2616. CLAIMS FOR LOSS OR DAMAGE TO REAL PROPERTY; REPAIRS. (A) WHEN-
EVER  AN  INSURED  SUFFERS A LOSS OR DAMAGE TO REAL PROPERTY, NO INSURER
PROVIDING COVERAGE THEREFOR SHALL REQUIRE THAT REPAIRS BE COMPLETED BY A
PARTICULAR ENTITY OR INDIVIDUAL.
  (B) IN PROCESSING ANY SUCH CLAIM, THE INSURER SHALL NOT  RECOMMEND  OR
SUGGEST  REPAIRS  BE  MADE  BY  A PARTICULAR ENTITY OR INDIVIDUAL UNLESS
EXPRESSLY REQUESTED BY THE INSURED, IN  WHICH  CASE  THE  INSURER  SHALL
DISCLOSE  TO  THE INSURED WHETHER THE INSURER HAS A CONTROLLING OR BUSI-
NESS INTEREST IN ANY ENTITY OR INDIVIDUAL THAT THE INSURER RECOMMENDS OR
SUGGESTS.
  S 2. Subsection (a) of section 2108 of the insurance law is amended by
adding two new paragraphs 5 and 6 to read as follows:
  (5) NO PUBLIC OR INDEPENDENT ADJUSTER SHALL RECEIVE  ANY  COMPENSATION
OR  RECEIVE ANYTHING OF VALUE IN CONSIDERATION OF A DIRECT REFERRAL OF A
CLIENT OR POTENTIAL CLIENT.
  (6) AN INDEPENDENT OR PUBLIC ADJUSTER SHALL NOT RECOMMEND  OR  SUGGEST
REPAIRS  BE  MADE  BY A PARTICULAR ENTITY OR INDIVIDUAL UNLESS EXPRESSLY
REQUESTED BY THE INSURED, IN WHICH CASE THE INDEPENDENT OR PUBLIC ADJUS-
TER SHALL DISCLOSE TO THE INSURED WHETHER THE ADJUSTER HAS ANY  CONTROL-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03815-01-3
              

multi-Sponsors

2013-A908A (ACTIVE) - Details

See Senate Version of this Bill:
S5183
Law Section:
Insurance Law
Laws Affected:
Add §2616, amd §§2108, 2110 & 2132, Ins L
Versions Introduced in Other Legislative Sessions:
2009-2010: A7088
2011-2012: A3729, S7802
2015-2016: A3212, S7814
2017-2018: A5460, S1506
2019-2020: A4058, S4454
2021-2022: S1291
2023-2024: S9862

2013-A908A (ACTIVE) - Summary

Relates to claims for loss or damage to real property; creates continuing education requirements for licensed persons and qualifications for public and independent adjusters; allows for a revocation of licenses with an opportunity to reapply for such licenses.

2013-A908A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 908--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  M.  of  A.  WEPRIN  --  Multi-Sponsored  by  -- M. of A.
  BROOK-KRASNY, COOK, ORTIZ, PERRY, WEISENBERG -- read once and referred
  to the Committee on Insurance  --  recommitted  to  the  Committee  on
  Insurance  in  accordance  with  Assembly  Rule 3, sec. 2 -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the insurance law, in relation to  claims  for  loss  or
  damage to real property, continuing education for licensed persons and
  qualifications for independent adjusters

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The insurance law is amended by adding a new  section  2616
to read as follows:
  S 2616. CLAIMS FOR LOSS OR DAMAGE TO REAL PROPERTY; REPAIRS. (A) WHEN-
EVER  AN  INSURED  SUFFERS A LOSS OR DAMAGE TO REAL PROPERTY, NO INSURER
PROVIDING COVERAGE THEREFOR SHALL REQUIRE THAT REPAIRS BE COMPLETED BY A
PARTICULAR ENTITY OR INDIVIDUAL.
  (B) IN PROCESSING ANY SUCH CLAIM, THE INSURER SHALL NOT  RECOMMEND  OR
SUGGEST  REPAIRS  BE  MADE  BY  A PARTICULAR ENTITY OR INDIVIDUAL UNLESS
EXPRESSLY REQUESTED BY THE INSURED, IN  WHICH  CASE  THE  INSURER  SHALL
DISCLOSE  TO  THE INSURED WHETHER THE INSURER HAS A CONTROLLING OR BUSI-
NESS INTEREST IN ANY ENTITY OR INDIVIDUAL THAT THE INSURER RECOMMENDS OR
SUGGESTS.
  S 2. Paragraph 1 of subsection (f) of section 2108  of  the  insurance
law is amended to read as follows:
  (1)  The  superintendent shall, in order to determine the trustworthi-
ness and competency to act as an independent adjuster of each individual
applicant for such license, and of each proposed sub-licensee, except in
the case of a renewal license, require every such individual to take and
pass, to the satisfaction of  the  superintendent,  a  personal  written

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

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